Ac 1.

1
The Police Officer / A police officer is usually the first person called to a crime scene and they have a vital
role at the start of the investigation. Officers need to safeguard the public and attend to anyone seriously
injured at the scene, for example by calling an emergency ambulance. If possible, they need to arrest the
suspect, though in many cases they will have left the scene. However, as far as the investigation is
concerned, the police officer's key job is to secure the crime scene in order to conserve the evidence. As
far as possible they should avoid contaminating the scene by moving furniture, opening doors etc.

The Police Detective and Specialists / Police detectives are officers who manage a range of criminal
investigations, particularly those involving complex or serious crimes. They work within specialist
departments such as the CID (criminal investigations department), fraud. drugs and firearms squads,
child protection department and Special Branch. Police forces also have other specialist units, such as
traffic and mounted police, air support and underwater search teams, and dog handler units.
The Golden Hour is the name sometimes given to the period immediately after a crime is discovered,
when officers must act quickly to preserve the scene. It is also important to take initial statements from
witnesses and victims while events are still fresh in their minds.

Limitations of Police Officers The police have been criticised for sometimes failing to secure crime
scenes and preserve evidence. and mote generally for failure to investigate certain crimes, for example
domestic abuse or hate crimes such as racist attacks. Such failures can be due to incompetence in
handling evidence or discriminatory attitudes of individual officers. It can also be due to system-level
failings such as the institutional racism in the Metropolitan Police that was identified in the Macpherson
Report into their investigation of the murder of Stephen Lawrence. Among other matters. the report
criticised the force for its scene of crime procedures and for the failure to give first aid to Stephen at the
scene.
The Crime Scene Investigator / Crime scene investigators or CSIs are also known in some police forces as
scenes of crime officers (SOCOs). They are usually civilians rather than police officers. CSIs undergo
specialist training and many have a science degree. The largest forces employ dozens of CSIs, who
provide a 24/7 on-call service. The CSIs role is to collect and process evidence from crime scenes, as well
as from post mortems and accidents. A key responsibility is to preserve evidence in an uncontaminated
condition, since contamination means that it will be inadmissible in court. Their main activities include
the following: Taking charge of the crime scene, liaising with police to find out what evidence is required
from the scene and deciding how best to obtain it., Photographing crime scenes, items and people, such
as tyre marks shoeprints, weapons, injuries, victims and suspects. Recovering physical or biological
evidence from crime scenes, including fingerprints, gunshot and explosives residue, clothing fibres, hairs,
bodily fluids and DNA. Packaging, storing and documenting the material recovered from crime scenes.
Attending post mortem examinations of suspicious deaths. Advising police investigators on the physical
evidence, photography and samples for laboratory analysis. Giving evidence in court.

Strengths and Limitations CSIs may gather evidence that conclusively links suspects to crime scenes and
victims. The evidence may also prove conclusively that a suspect is in fact innocent, e.g. when their
fingerprints do not match those found by the CSI at the crime scene. Limitations The work requires
specialist skills (such as forensic photography), as well as patience, meticulous care and attention to
detail. Failure to collect and record evidence correctly, or allowing it to become contaminated, can lead
to a guilty person going free or an innocent one being convicted. The forensic samples that CSIs handle
may put their health or safety at risk. These include blood and other body fluids, hazardous chemicals,
explosives and incendiary devices, firearms and ammunition, knives and hypodermic syringes. The work
may be stressful and emotionally demanding. This can lead to burn-out and people leaving the
profession, resulting in staff shortages.

The Forensic Scientist / Forensic science involves applying scientific knowledge to crime and the legal
system. Forensic scientists use their scientific knowledge and expertise to analyse and interpret evidence
that has been recovered from the crime scene. For example, they may analyse samples of blood or other
bodily fluids to extract DNA and then compare these with a 'control sample' taken from a suspect to see
if they match. They then produce a report of their findings and interpretations for the court. Forensic
scientists generally specialise in particular areas, such as DNA analysis. Other specialisms include the
analysis of fires (in arson investigations), toxicology (poisons and drugs), computing, psychology and
forensic anthropology, which may involve analysis of human remains found in mass graves, for example
as a result of war crimes. analyse samples of blood or other bodily fluids to extract DNA and then
compare these with a 'control sample' taken from a suspect to see if they match. They then produce a
report of their findings and interpretations for the court. Forensic scientists generally specialise in
particular areas, such as DNA analysis. Other specialisms include the analysis of fires (in arson
investigations), toxicology (poisons and drugs), computing, psychology and forensic anthropology, which
may involve analysis of human remains found in mass graves, for example as a result of war crimes
Forensic Scientist Strengths and Limitations / Strengths The special expertise of forensic scientists may
be able to identify and interpret evidence that proves a suspect's guilt or innocence. Their expertise may
be essential in complex cases where the criminal also has specialist knowledge or skills. Limitations
Forensic scientists are highly qualified and their services are expensive. Contamination of evidence can
occur when it is being examined by scientists, as in the case of Adam Scott, who spent five months on
remand in 2011-12 charged with rape. His DNA sample, originally taken by police as a result of a spitting
incident in Exeter, became mixed up with genetic material taken from a rape victim in Manchester.
Forensic experts may disagree. For example, experts called by the defence may contradict those called
by the prosecution. The court lacks specialist knowledge and may be unable to evaluate which side is
right. If an expert deliberately or accidentally misleads the court, this can result in a miscarriage of
justice. At the trial of Sally Clark in 1999 for the murder of her two baby sons, an expert witness, the
paediatrician Professor Sir Roy Meadow, told the jury that the chance that both deaths were accidental
was one in 73 million. Experts now believe that the risk could be as low as one in 100. Sally Clark was
convicted and only freed on appeal after three years in jail.

The Pathologist /Pathologists are medical doctors who specialise in studying the causes of disease and
death, including the examination of dead bodies and body tissues in post mortem examinations (also
called autopsies). Where homicide is suspected, Home Office-registered forensic pathologists provide a
24/7 service to assist the police and coroner in establishing the probable cause of death. At the post
mortem, the pathologist first makes a detailed external examination of the body for signs of foul play.
Depending on the case, they may also examine internal organs and take tissue samples for laboratory
analysis. They can also advise police on how to recover the body from the crime scene to avoid vital trace
evidence being lost. Before the body is released for burial or cremation, a 'defence' post mortem may be
carried out on behalf of the defendant in the case, conducted by a different pathologist. Once all the test
results are collected, the pathologist produces a report for the coroner and a witness statement for the
police. He or she may also be asked to advise police and prosecutors throughout their investigation and
to give evidence in court.

Pathologist Strengths and Limitations Strengths The key strength that the pathologist brings to an
investigation is that they can often provide conclusive scientific evidence as to the cause and time of
death. This may prove decisive in establishing the guilt or innocence of a suspect. Limitations
• There are only about 35 Home Office-registered forensic pathologists in England and Wales — partly
because it is a highly specialised role involving up to seven years further training after first qualifying as a
doctor. The shortage of suitably qualified pathologists can delay investigations.
• As highly trained specialists, pathologists are very well paid and forensic pathology services can be an
expensive part of a criminal investigation.
• The work demands close attention to detail and sound judgement. Mistakes can cause miscarriages of
justice and result in the wrong person serving a life sentence for murder. For example, Sally Clark was
wrongly jailed for the murder of her two baby sons partly as a result of the home office pathologist Alan
Williams failing to disclose information to her defence lawyers. As a result, they remained unaware that
Williams had found lethal levels of bacterial infection which could have been the cause of death.
The Crown Prosecution Service / The Crown Prosecution Service (CPS) is an independent prosecution
service operating across England and Wales in 14 regional offices. It uses a panel of over 2,000 solicitors
and barristers along with other staff to handle around half a million criminal cases each year. The CPS has
several functions in relation to criminal cases:
• It advises the police on cases for possible prosecution and reviews cases that they submit to it to
decide whether to prosecute. Most of this is done through CPS Direct, an on-call advice service that
police can access 24/7.
• It makes decisions about prosecuting cases by applying tests to see if there is sufficient evidence for a
realistic prospect of conviction and to decide whether prosecution would be in the public interest. In all
more serious cases, such as rape or murder, it is the CPS that decides whether the police will charge the
suspect. Where the decision is made to prosecute, the CPS decides what the charge will be.
• It prepares cases for court hearings, collecting evidence from the police and disclosing material to the
defence.
• It presents the prosecution case in court, using its own Crown Prosecutors, as well as self-employed
barristers for more complicated cases.
• It has specialist divisions dealing with prosecutions that require specialist knowledge, such as serious
organised crime, terrorism and complex frauds.

CPS Strengths and Limitations / Strengths

Limitations
• The CPS has the power to reject a police request to prosecute someone — for example because the
evidence police have gathered is inadequate. This can result in a difficult relationship at times. However,
it means that prosecutions are less likely to fail due to inadequate investigation by the police.
• The CPS has sometimes made serious errors, for example in not reviewing the evidence thoroughly
before prosecuting. This has resulted in prosecutions failing, such as the murder of Damilola Taylor,
where the case collapsed after the evidence of a key witness was dismissed when she was shown to have
lied. The CPS had failed to check her account prior to trial.
• Funding and staffing cuts in recent years have meant a growing burden of cases.

AC1.2
Forensic Techniques / Refers to the techniques as tests that are used to assist in investigating crime. Can
include biological materials (blood, semen, skin flakes and hair), fingerprints, footprints, weapons, fibres
and threads from clothing, paint flakes and much more. It is essential that investigators wear appropriate
clothing to avoid contaminating the evidence.

Strengths and Limitations of Forensic Techniques / Strengths: Everybody’s DNA is unique, this allows for
high reliability. It can help prove innocence, as well as guilt. Has led to some successful convictions.
Limitations: Cross-contamination is possible. The perpetrator must be on the National DNA database.
Trace amounts might falsely imprison someone. Financially expensive. BUT now only around £20

CCTV / One of the first things an investigating officer will ask for. Police often use CCTV footage in criminal
investigations as it can give 24-hour coverage of a location, providing a visual record of the crime and the
perpetrator. In the 2011 London Riots, CCTV images were released to the media alongside appeals to the
public to report if they recognized anyone.

Covert surveillance and Covert Human Intelligence Sources / This can be done in many ways: Attaching
tracking devices to vehicles and using GPS to monitor their movements. Intercepting mail and tapping
phones. Static surveillance from a fixed point. E.g. a unmarked, parked police vehicle. Highly trained
mobile surveillance teams. Covert Human Intelligence Sources (CHIS)- individuals that maintain a
relationship with the target in order to covertly gain information.
Surveillance Limitations / Limitations Very strict rules due to it infringing on somebody’s civil liberties.
Ethics? Real Life Cases Colin Stagg- police used an undercover female officer in order to form a
relationship with Colin. He didn’t confess, but police used evidence from the operation against him. The
Judge rules this inadmissible. Been cases of police officers using dead babies identities to create a cover
story complete with birth records.

Typological Profiling / Typological Profiling Aims to classify offenders into different ‘types’ with different
characteristics based on how they behave at the crime scene. This profile can be used by the police to help
narrow down their search and predict future behaviour of the offender. Originally developed in the 1970s
in the USA by the FBI. Since then, further typologists have been developed to classify rapists based on
their behaviour during the crime. Evaluation Information at the crime scene can be quite limited.
Offenders personality, relationships and motives might not help the police when finding them. Typology is
based off of the FBIs sample of 36 convicted serial killers- this is not a large sample

Geographical Profiling / Offenders make choices about where to offend. These choices are often based on
what they do in their non-criminal behaviour in everyday life. Geographical profiling aims to work back
from the locations where offences take place to identify where the offenders lives. It is based on two main
principles: The least effort principle: given two identically attractive targets, the offender will choose the
one nearest to home. The buffer zone: offenders don’t want to offend to close to their home, as they
might be identified. Canter identified two different patterns of offending: The marauder- their home or
workplace is their base and they commit their crimes close to this. Therefore, if we draw a circle through
the locations of the offences , we should expect the offenders home/work to be in the centre. The
commuter- travels away from their home area to offend in another area. Once there, their offences seem
to cluster around a main road or station.

Investigative Psychology Profiling / Associated with David Canter and brings in ideas from Geographical
profiling. Also brings in the following ideas: Offender consistency principle- the offenders behaviour during
a crime is consistent with their non-offending behaviour. Criminal narrative themes- criminals base their
offending behaviour on criminal narrative themes, or personal life stories that give their crime meaning.
For example, the elevated hero sees their crime as brave. Strengths It uses concepts that can be tested in
practice, such as the offender consistency principle. Uses large scale data on patterns of offending and
narrative themes to understand offenders motives. Limitations Depends on the quality of the data- if the
data is inaccurate. The predictions will be too.
Strengths and Limitations of Profiling / Strengths Has led to some successful convictions for a range of
crimes. Limitations Profilers need to be sure that the crimes are all committed by the same person- this
can be difficult if the offenders mode of offending begins to change. Any crimes that have been missed
won’t be accounted for- the centre therefore might be in the wrong place.

Intelligence Databases / The term intelligence refers to information that has been obtained from many
sources. This information may be stored in a variety of different databases that police officers can have
access too: The Police National Database: contains intelligence about suspected criminal activity as well
as data on the PNC. It holds over 3.5 billion searchable records. The Police National Computer (PNC):
contains several separate databases. Stores details of over 12 million people/s arrests, convictions and
police cautions, with links to biometric databases for fingerprints. Vehicle registration data and
information on 48 million people who hold a driving licence. Information on missing or wanted persons.
The gangs matrix and International databases
Eyewitness Testimony / Evidence given by a witness to a crime. Seen by a jury as highly reliable- Delvin
committee in 1976 found that juries convicted in 74% of cases where line-up identification was the only
prosecution evidence. Innocence project- found that in over 70% of 352 wrongful convictions that were
later overturned due to DNA evidence, EWT played a role in convicting the innocent person.

Expert Witnesses Interviews are conducted after the expert has submitted a report- this allows the police
to ask questions for clarification and develop their lines of enquiry. These are the only people that can give
their opinion in court. If they get it wrong however, this can lead to a miscarriage of justice.

AC1.3
Physical Evidence / Collecting, transferring and storing physical evidence. Most contamination occurs by
handing items without gloves, coughing or sneezing on them. In serious crimes, investigators wear
protective clothing when collecting materials, to avoid contamination and sometimes to protect
themselves from hazardous substances. This includes a mask, a hooded scene suit, overshoes and two
pairs of gloves. Bodily fluids and tissues Bodily fluids such as blood, semen and saliva, and tissue such as
skin flakes and hairs, can provide important identification evidence, because DNA can be extracted from
them and compared with control samples from suspects to see if there is a match which would put the
suspect at the crime scene. These include the following: Blood (air-dry, fabric not folded, carefully
packaged), Semen (air-dry, paper bag, polythene bag, sealed, sexual assault should be examined as soon
as possible), Saliva (bites swabbed), Skin flakes, Hairs (DNA from the root, sealed bag), finger prints,
impressions from biting, shoeprints and tyre marks

Testimonial Evidence / This is a written or spoken statement given to the court by a witness. It can be
given to support either the prosecution or the defence’s case. Before the case goes to court, prosecution
and defence must disclose any written statements that they have taken. Each side must also provide the
other side with a list of the witnesses they intend to call to give evidence. Any evidence that is agreed and
accepted as true by both sides can sometimes be read out in court without the witness being present, but
normally they must attend in person to testify. Witnesses testify from the witness box, they can then be
cross-examined by the opposing side to test their evidence. Defendants cannot be forced to testify.
Vulnerable or intimidated witnesses can give evidence via a video link rather than attending court in
person. Rules of evidence lay down what kinds of things can and cannot be given in evidence.

Inadmissible Testimonial Evidence / Some evidence may not be admissible (allowable) and must not be
considered in reaching a verdict. This includes: Hearsay evidence: repeating a rumour they have heard.
Forced confession: where violence or threats have been used to extract a confession. Entrapment: where
police have tried to trick the defendant into committing or confessing to a crime.

AC1.4
Stop and Account or Search / The police have certain powers to deal with suspects, including rights to
stop and search and to arrest a person. Stop and account: a police officer has the right to ask you to
account for your actions, your presence in a public place, and your possession of a particular item Stop
and search: Police have 19 different powers of stop and search, e.g. for drugs, firearms and stolen goods,
and to prevent acts of terrorism. Police also have certain powers to search vehicles and premises.

Police Power of Arrest / Under section 24 of the Police and Criminal Evidence Act 1984, police may
lawfully arrest you as a suspect without a warrant from a court if, You have been involved, attempted to
be involved or are suspected of being involved in committing an offence; and The officer has reasonable
grounds to for believing the arrest is necessary, The officer must tell you why you are being arrested, what
you are being arrested for, and why the arrest is necessary.

At the police station / If you are arrested, you will be taken to a police station, where you will be handed
over to the custody officer (an officer of the rank of sergeant or above). You will be searched and then
held in a cell. Your possessions will be looked after by the custody officer.

Rights when being questioned / The police may question you about the crime you are suspected of and
you have a number of rights in this situation. The rights to silence- You don’t have to answer the police’s
questions, but this might harm you later on. Right to legal advice- You have the right to free legal advice,
including the right to have a solicitor present during questioning. In serious cases, the police can make you
wait for legal advice for up to 36 hours (48 for terrorism).

Finger prints, photographs and samples / The police have the right to take photographs of you, as well as
fingerprints and a DNA sample. They don’t need your permission to do this, and can use reasonable force
if necessary. The police need your permission and the authority of a senior police officer to take blood or
urine samples (except when taking them in connection with drink or drug driving).
How long can you be held without charge / Police can hold you in custody for up to 24 hours. After that,
they have to either charge you with a crime or release you. Serious crimes can be held for 36 hours. After
this, the police can detain you for a further 96 hours with the approval of a magistrate. If arrested for a
terrorist offence, this can be extended to 14 days. Bail- they can temporarily release you on bail if there is
not enough evidence to charge you. You will have to return to the station for questioning when asked to.
There might be conditions around the bail.

Rights of Appeal / If you are convicted for an offence, you have certain rights of appeal. These depend on
two factors: The type of court- magistrates or crown. Whether you are appealing against the conviction or
the sentence. If you were tried in a magistrates court you can automatically appeal for your sentence and
your conviction (if you pleaded not guilty). If you were tried in a Crown court, you have no automatic right
to appeal (a judge decides whether to allow it)

Victims' Rights / Victims of crime have rights in relation to criminal investigations and court processes.
They are set out in the Code of Practice for Victims of Crime. These rights also apply to close relatives of
someone who has died as a result of a crime.

Rights when reporting a crime / When you report a crime, the police must give you written confirmation,
a crime reference number and contact details for the officer dealing with your case. They must also: Tell
you what will happen next and how often they will update you. Assess what support you need and ask a
victim support organization to contact you. Ask if you want to write a Victim Personal Statement about
how the crime has affected you.

Rights during the investigation / The police must give you updates and tell you when the suspect is
arrested or charged, set free or released on bail, or given a caution. If the police drop the charge, they
must also tell you. If you disagree then you can ask for a review. If the police give information to the media
to help with their investigation, they will normally ask the victims permission first. In the cases of sexual
assault or rape, it is against the law for anyone to publish the name, photo or anything that could identify
the victim.

Victims rights in court proceedings / Rights relating to trials: CPS must tell you when and where the trial
will be. If you have to give evidence, a Witness Care Officer will support you before and during the trial. If
the defendant is convicted, you may be able to read your Victim Personal Statement to the court. After
the trail, your Witness Care Officer must tell you the verdict within 24 hours, what sentencing the offender
gets, if found guilty and if the offender appeals. You can claim compensation from the Criminal Injuries
Compensation Authority if the crime was violent. You could meet the offender through a restorative
justice scheme.
 Rights of vulnerable victims / You are also entitled to extra support if you are the victim of a serious crime
(wounding, attempted murder, domestic abuse, sexual offences, kidnapping, hate crime, human trafficking
or terrorism). Vulnerable victims are entitled to receive information more quickly, to be given specialist
advice and –if a close relative- be assigned a Family Liaison Officer

Witness Rights / The Witness Charter sets out standards of care for witnesses that should be provided by
the police, the Crown Prosecution Service, court staff, the Witness Service and defence lawyers. These
standards include the following: Witnesses will have a main point of contact throughout the process who
will keep them informed of the progress of the case. Measures to ensure that the court is a safe
environment and that prosecution and defence witnesses wait in separate areas. Information about the
court process in advance of giving evidence so witnesses know what to expect. Prosecution witnesses will
be informed of any appeal against conviction or sentence.
Vulnerable and intimidated witnesses / Intimidated witnesses include victims of sexual offence or human
trafficking, witnesses to gun or knife crimes, and witnesses whose evidence is likely to be affected by fear
or distress about testifying in court. Special measures for vulnerable and intimidated witnesses: Giving
evidence from behind a screen or via live video link, or video recording their statement to be played in
court later. Judges and Lawyers removing their wigs and gowns to create a less intimidating atmosphere.
Help from a communications specialist for witnesses who have difficulty understanding questions in police
interviews or in court.

AC2.1.
The Charging Role / Advise the police in their investigations about lines of inquiry and about what
evidence might be required to build a case. Independently assesses the evidence submitted by the police
and decides whether to prosecute, and if so, what charges should be brought. In order to make their
decision about whether to prosecute, the CPS applies tests that are laid down in the Code for Crown
Prosecutors.

The Full Code Test / The evidential test Is there enough evidence to get a realistic conviction against a
suspect? Is the evidence admissible? E.g could it be rules out as hearsay? Is the evidence reliable? E.g are
witnesses truthful? Is the evidence credible? (believable). The public interest test Is a prosecution in the
public interest? Not all questions are relevant in every case, and the weight attached to each one differs.
How serious is the offence? What is the suspects level of culpability. E.g what was there level of
involvement, was the offence planned, did they benefit? Any previous convictions? What harm has the
victim suffered? The more vulnerable the victim, the more likely that a prosecution is required. For
example, if the suspect is in a position of authority? Suspects age and maturity- Younger suspects are less
likely to be punished. If under 18, is it beneficial to give them a criminal conviction? What is the impact on
the community? Is the prosecution a proportionate response? E.g. in complex cases it might be better to
only prosecute the ringleaders. Do sources of information require protecting?
The Threshold Test / In some cases, a suspect may still be charged even if the evidence requirements of
the Full Code Test cannot be met. In these cases the Threshold test must be applied. 5 conditions, all of
which must be met before a suspect can be charged: There must be reasonable grounds to believe the
person has committed the offence. There must be reasonable grounds to believe further evidence can be
obtained that will provide a realistic prospect of conviction. The crime is serious enough to justify charging
the suspect immediately. There must be substantial grounds to object to bail – e.g. a suspect who is likely
to interfere with witnesses. It must be in the public interest to charge the suspect
AC2.2.
Offences / There are 3 types of criminal offence in terms of their seriousness and where they can be tried:
Indictable offence- serious crimes such as murder, treason, rape, robbery and GBH. These must be tried in
a crown court, although the first hearing will be in a magistrates court. Summary offence- less serious
cases such as many motoring offences and assaults without injury. These are usually tried in a magistrates’
court. Triable either way offences (‘hybrid offences’)- theft, fraud, burglary, handling stolen goods, assault
(ABH) and criminal damage. These can be tried in either a magistrates or a crown court.

Plea / Before a trial begins, the defendant will be read out the charge and asked to plead guilty or not
guilty. Guilty pleas- magistrates hear evidence of aggravating and mitigating factors. They then pass
sentence immediately or adjourn the case for reports before sentencing at a later date. If the offence is
too serious, it will be sent to the Crown Court for sentencing. For not guilty pleas- magistrate must make a
decision about reports, legal aid and bail before the trial can go ahead. Plea Bargaining This is an
agreement between the prosecutor and defendant, where the defendant agrees to plead guilty in return
for some concession from the prosecutor. This must be struck be. fore the case goes to court. These are
charge bargaining, count bargaining and sentence bargaining. Critics argue that unregulated plea
bargaining can apply undue pressure to defendants and undermine their right to a fair trial.

Legal Aid / Legal aid exists to enable individuals that would not be able to afford to pay for a lawyer, to
have access to one.

Bail / This is the temporary release of an accused person whilst they are awaiting trial. Everyone has the
right to bail, ‘innocent until proven guilty’. Two types of bail: Unconditional bail- the court imposes no
conditions, except to attend court as required. Conditional bail- the court imposes conditions that the
offender must agree to. E.g. report to a police station every day, not contact certain persons, abide by a
curfew. If a court refuses bail or the defendant breaches conditions, they may be remanded in custody
until their trail. The court may refuse bail.

Courts / The majority of cases are first heard in the Magistrates court, and over 95% of them are decided
there. These are local courts that deal with the least serious offences- if they are serious then they must
be passed to the crown court. Usually 3 magistrates who are lay-people (members of the local community
without legal qualifications). They are assisted by a clerk of the court who is legally qualified. The
magistrates decide if the accused is guilty or not-guilty, they can impose fines of up to £5,000 and/or 6
months in prison (this extends to £10,000 or 12 months if more than 1 offence). Crown Court sits in
around 90 centres around the country and deals with: Indictable offences, e.g. murder, rape and robbery.
Triable-either-way offences. Appeals from the magistrates court. Will include a jury who are 12 members
of the public. Jury’s role is to listen to all the evidence and to both arguments. They may examine physical
evidence and take notes, ask questions. They retire to a jurors room to consider their verdict in secret.
They are normally expected to produce a unanimous verdict, but the judge may accept a majority (10-2)
verdict. The Judge ensures the trial is fair and protects the defendant’s human rights. Advise the jury on
points of law, court procedure and their duties. Acts as the referee between the defence and prosecution.
Pass the sentence is the accused is found guilty. If there is a danger of jurors being bribed or intimidated,
the Criminal Justice Act 2003 permits a judge to try a case without a jury

Appeals / If you are convicted of an offence, your right to appeal depends on: The type of court that
convicted you- Magistrates court or Crown court and whether your appeal is against your conviction or
just your sentence. If you were convicted in a magistrates court, you have two automatic rights of appeal:
Against your conviction (if you pleaded not guilty) and against your sentence. You must appeal within 21
days of being sentenced. Appeals against the Crown Court verdicts are handled by the Court of Appeal
(Criminal Division). There is no automatic right of appeal- a judge will decide whether to allow it or not.
You must seek leave to appeal within 28 days. The only ground for appeal is that the conviction was
unsafe. Appeals to the Supreme Court which is the highest court in the legal system. Leave is required to
 appeal- there is no automatic right. Normally only hears cases where a point of law of general public
importance is at stake

AC2.3.
Relevance and Admissibility / How true is the evidence: Credible- does the court believe that the witness
was telling the truth? If so, were there any other prevailing conditions that may have made it impossible
for the witness to see clearly. Authentic- a document presented in evidence may be forged. Accurate- is
the evidence of an expert in fact supported by the rest of the scientific community? E.g. Professor Sir Roy
Meadow and his cot death statistics. Relevance: The law makes a distinction between two types of fact in
a trial: Facts in issue- the matters in which are in dispute in a case and which the court have to decide
about. E.g. DID David beat Jack with a club? Relevant facts- facts that are needed in order to prove or
disprove the facts in issue. E.g. the presence of David’s fingerprints and Jack’s blood on the club.

Admissibility of Evidence: Not all evidence may be admissible in court. There are several types of
evidence that may not be allowed by the judge or magistrates: Illegally obtained evidence- this is obtained
by breaking the law or violating a person’s human rights. This would include evidence obtained in an illegal
search conducted without a warrant, and using torture or degrading treatments to obtain a confession.
Improperly obtained evidence- incudes the use of entrapment (deception). For example, in the case of
Colin Stagg. Can also apply in ‘sting’ operations where an undercover officer poses as a criminal.

The right to remain silent: The accused doesn’t have to prove their innocence and so in theory doesn’t
have to provide any evidence. However, the Criminal Justice and Public Order Act 1994 allows the jury to
draw inferences about a defendants guilt if they remain silent in the following circumstances: Failure to
answer police questions- when questioned under caution, failure to answer can be used as evidence to
infer the defendants guilt. So too can failing to account for a particular object or their presence in a
particular place. Failure to testify in court- may be used to infer the defendants guilt, unless they can give
a reason for not doing so that they jury finds acceptable.

Evidence of bad character The Criminal Justice Act 2003 defines bad character as ‘evidence of or
disposition towards misconduct’. Misconduct includes previous convictions and cautions as well as things
such as racism, bullying and bad disciplinary record at work. Bad character evidence is only admitted
under certain circumstances, such as when it shows that the defendant has a tendency to lie. Character
evidence cannot be used in relation to non-defendants (such as victims, police officers, witnesses).
Feminists have criticized the tendency in rape cases for defence lawyers to introduce evidence about the
victims sexual history

Disclosure of Evidence / The Prosecutions Duty of Disclosure The prosecution has a duty to: Notify the
accused of all the evidence they intend to rely on. Make available to the defence any unused material
relevant to the case that they do not intend to present in court. Unused materials include anything that
might undermine the prosecutions own case or assist the defence’s case. Prosecution: The number of
cases where charges were dropped due to the prosecutions failure to disclose has increased in recent
years. E.g. Liam Allen in 2017, his rape trial was halted when a computer disk emerged with evidence that
the victim had pestered him for casual sex. The police had not disclosed this disk to the defence.
Sometimes it is within the public interest for certain materials not to be disclosed. For example, the
identity of an undercover police officer. Defence: The defence must also disclose certain information.
Including the nature of defence, they intend to offer. They do not have to disclose unused material

Hearsay Rule and Exceptions / A statement that has been made by someone out of court to a witness
who is appearing in court, and which the witness wishes to rely on as evidence of a fact. E.g. Joan is a
witness in a murder trial. She testifies that Colin told her he had seen the defendant shoot the victim. This
is second hand evidence. Exceptions: Where all parties agree to it (prosecution, defence and judge).
 Where the judge roles that it is in the interests of justice.

AC 2.4
Evidence / Before the case can even go to court, the police must provide enough evidence to the CPS.
Once the case goes to court, the prosecution will present evidence and arguments against the defendant.
The defence will challenge the prosecution case, cross-examining the prosecutions witnesses on their
evidence. By the end of the trial, the prosecution must have convinced the jury or magistrates that the
accused is guilty beyond reasonable doubt. Otherwise the defendant must be acquitted
Witnesses / Both parties are entitled to call witnesses to give evidence. This would normally have to be
done in court, with two exceptions: Where witness evidence is agreed by both parties, it can be given in
the form of a written statement. Vulnerable or intimidated witnesses may be allowed to give their
evidence by a live video link or video recording rather than attending court. Or behind a screen in court to
protect their identity. Can be called from both sides to give evidence, they are then usually cross-
examined by the alternative side. The jurors or magistrates may give whatever weight to they chose to a
witness. This might be determined by the quality of the evidence. For example, if a witness has shown to
have lied or if their evidence seems inconsistent.

Stereotyping Racial prejudices or gender stereotypes held by jurors may influence how willing they are to
believe a witness’s testimony. Kaufmann et al found that jurors judgement of how credible they found a
rape victims testimony depended strongly on the emotions the victim showed when giving their evidence,
and not the content. Brodsky found that jurors’ view of the witness’ knowledge, likeability,
trustworthiness and confidence were key factors on choosing to decide whether to believe their evidence.
Eyewitnesses Juries are often ready to believe an eye-witness, yet their evidence is not always accurate.
Innocence project found that in over 70% of 352 wrongful convictions that were later overturned on the
basis of DNA evidence, EWT misidentification helped to convict an innocent person
Experts / Expert witnesses are people with specialist knowledge that ordinary members of the public do
not have. In complex cases that rely heavily on technical evidence, the testimony given by expert
witnesses can be crucial in determining the outcome of the case. Jurors, who have little specialist
knowledge, rely heavily on expert witnesses. A danger is assuming that the expert is always right, or
misinterpreting what they say- this can lead to miscarriages of justices like in the case of Sally Clark

Barristers and Legal Teams / Barristers and solicitors are both qualified lawyers. Work in higher level
courts where they act as advocates speaking on behalf of clients (either the defence or the prosecution).
Barristers will often be briefed on the case by a solicitor, who will prepare relevant papers and gather
evidence for the barrister to use in court. The quality of the barristers can affect outcome of the case- a
more eloquent, persuasive or charismatic barrister might sway a jury’s decision.

Judiciary / Affecting the Verdict The judge is an expert in the law and in legal procedure. In a trial, the
judge has several key powers and responsibilities: To clarify the law for the jury and direct them on how it
is to be applied in the case they are trying. To rule on the admissibility of evidence and on whether the line
of questioning taken by the prosecution or defence is permissible. To sum up the main issues and
evidence in the case for the jury before they retire to consider their verdict.

The judge also has the power to dismiss a case, order a re-trial or even direct the jury to bring in a
particular verdict. They jury does not have to follow their direction. Juryless Trial Under the Criminal
Justice Act 2003, a judge mat sit without a Jury: Where there is a risk of jury tampering. In complex fraud
cases, in which a jury might have difficulty understanding, or in attending court for months on end. Judicial
bias. Bias may arise for several reasons: Class background- judges come mainly from the higher social
classes. In 2019, 65% of senior judges were privately educated, and 75% had attended Cambridge or
Oxford. Gender- 65% of judges are male. They may lack sympathy in cases like rape. Carol Smart quotes
one male judge as saying ‘women who say no do not always mean no. If she doesn’t want it she only has
 to keep her legs shut’

Politics / Laws have two main sources: Common law- comes from precedent, in which courts follow
rulings made by judges in previous cases. Statute law- made by Parliament passing Acts or statutes. The
government proposes legislation, which Parliament then debate and sometimes amend. Parliament can
therefore affect the criminal law and the outcome of cases in three ways: Creating new offences- for
example, following a media-inspired moral panic, Parliament passed the Dangerous Dogs Act 1991,
outlawing certain dog breeds.
Abolishing existing offences-parliament can repeal or amend existing laws that previously made something
a crime. Changing the penalties- for example, parliament abolished the death penalty for murder in 1965.
Public Interest Immunity Certificates Another way in which politics may influence the outcome of criminal
cases is through public-interest immunity (PII) certificates. These can be issued by the government
minister to prevent sensitive evidence such as official secrets being revealed in court

The Media / Moral panic- this can affect sentencing and law creation. For example, the London 2011 riots
and the Dangerous Dogs Act 1991. Trial by media- High profile cases attract a great deal of media interest.
This may make a fair trial impossible. Cheryl Thomas found that 1/5th of jurors serving on a high-profile
case said they found it difficult to disregard pre-trial media coverage of the case.

AC2.5.
Juries / In most Crown Court trials, the verdict is normally decided by a jury of 12 laypeople. They hear
the evidence and arguments put forward by the prosecution and defence. They then retire from the
courtroom and decide whether they find the defendant guilty, not guilty or guilty of a less serious crime. If
guilty- they must be convinced beyond reasonable doubt. The jury’s decision is taken in secret and it is a
criminal offence for anyone to question jurors about their verdict or how they reach it. Jurors cannot
disclose their deliberations. Selected at random by a computer from the names on the electoral register.
Those selected will receive a summons to attend court and it normally lasts around 2 weeks.

To be eligible: Be 18-75. Be a citizen of the UK, Irish Republic or a British Commonwealth Country, Have
resided in the UK, the Channel Islands or the Isle of Man for 5 years, Not be disqualified (on bail, received
a prison sentence of 5+ years), Not exempt (medical grounds, have a holiday booked).

Strengths. Jury equity- free to decide a case based on what they feel is fair or morally right, regardless of
the law of how the judge might direct them. E.g. Kay Gilderdale. Justice is seen to be done- Juries make
the legal system more open because ordinary members of the public decide the outcome. Impartiality and
a fairer trial- Being tried by a randomly selected cross-section of society makes it more likely that
individuals’ prejudices will be cancelled out. Secrecy- As deliberations are held in private, it allows them to
bring in verdicts that may be unpopular. Public confidence and democracy- allows ordinary citizens to
become involved in the administration of justice, rather than leaving it all in the hands of the state.

Weaknesses. Racial bias- Racial bias may result in unjust verdicts (e.g. Kuldip Sander). Although research is
conflicting, with studies saying that Race doesn’t influence outcomes. Black, Asian and minority ethnic
defendants are more likely than White defendants to opt for a jury trial at Crown Court where possible.
Media influence- Jurors may be influenced by the media coverage E.g. Taylor and Taylor sisters. Jury
tampering- Involves attempts to pervert the course of justice by bribing or intimidating jurors, usually to
acquit the defendant. For example R v Twomey estimated costs of £6m to stop Jury tampering.

Perverse decisions- as the jury doesn’t have to listen to the law, this may lead to a perverse decision that
goes against the facts of the case. Secrecy- did the jury reach the verdict for the right reasons? As they
cannot enquire into the jury's decision this has led to a few unfair cases. E.g Connor and Rollock whereby
the jury didn’t want to spend long deciding who was guilty so they just convicted both. The Criminal
Justice and Courts Act 2015 makes it an offence for jurors to search the internet for information relevant
to the case, and an offence to disclose such information to another juror. Judges also instruct jurors not to
research their cases on the internet. Despite this, Thomas found 12% of jurors admitted to looking on the
internet for information about the cases they were trying

Lay Magistrates / Unpaid, part-time volunteers who are members of their local community. Receive
training, but they are not legally qualified- but assisted by a legally qualified clerk who advises them on law
and procedure. Strengths. Democracy- allows local citizens to become involved, Local knowledge-
Magistrates serve in their local court and have knowledge of the local area which they can apply to cases
and reflect local needs and priorities, Representative of the population- in 2019, 13% were from Black,
Asian or minority ethnic backgrounds (the figure for the population is 14%), 56% were women, Limited
number of appeals-Only around 5,000 of the 1.5 million cases they deal with goes to appeal. Most are
against the sentence, not the verdict, Cost- as they are volunteers, they are an economical way of giving
justice. One estimate suggests that if paid professional judges had to be used, it would cost about £100m
per year.

Weaknesses. Unrepresentative of the population- in terms of age and social class. Only 1% are under 30
and the majority of them come from middle-class professional and managerial backgrounds. Inconsistency
in sentencing- trained to follow official Sentencing Guidelines, despite this consistency doesn’t always
happen. E.g. in 2010, Bristol magistrates handed out custodial sentences 11.1% of the time, compared to
Coventry which was 6.8%. Bias- Convict in 90% of all cases, critics have argued this is because they are
case hardened and bias in favour of believing the police and prosecution. Over-use of short prison
sentences- short sentences are costly and ineffective at rehabilitation

AC3.1
Evidence / Before the evidence can be used in court, the CPS requires the evidence to be: Admissible,
Reliable, Credible. This indicates that it may be valid, but it is not guaranteed. The defence can
demonstrate inconsistencies or shortcomings during cross-examination. Many convictions from Eye-
witness testimony have been overturned when more accurate and reliable evidence has come to light,
such as DNA. Research by Psychologists such as Loftus et al shows that witnesses memory and the
evidence they give can be affected by many factors, such as: Time when the event took place, Whether
they discussed what they saw, How long ago they witnessed it, They way questions about the event are
put to them in court. Jurors may find that an experts opinion is especially credible and give it great weight
when reaching a verdict. If an expert is biased or incompetent, this can undermine the validity of the
information. E.g. Roy Meadow who falsely gave information that there was a 1 in 73 million of 2 children
in the same household dying from SIDS. This led to Sally Clark being found guilty of murder

Trial Transcripts
A complete and exact written record of every word spoken in court by the judge, lawyers, witnesses and
defendant. Anyone can apply for a transcript of a court hearing, however, the court can refuse to provide
one. For example, if the hearing was confidential.

Media Reports / Can be used for: Evidence that can be used in an appeal. E.g. a defendant might show
irregularities in. the proceedings or a biased summing up by the judge. Parole boards use them to consider
a prisoners application to be released on parole. Recognised as highly valid sources of information. They
are simply the words spoken in court as they were spoken. Therefore, there is no need for someone to
remember the words. Although the recording system is highly reliable, there is always the small risk of
malfunctioning. For example, the noise of the court room interrupting. Newspapers tend to support one
party or another. For example, the sun tends to be very right-wing and support conservatives whereas the
mirror is left-wing and supports labour. Radio & TV have a duty to provide a balanced coverage of political
issues. For example, the BBC is required to treat controversial subjects with ‘due impartiality’ rather than
taking sides.

These differences mean that coverage of crime and justice issues varies from one media source to
another. For example, Right-wing papers tend to favour tougher laws and more prison sentences to tackle
crime. This can affect the validity of their coverage, with a one-sided approach that selects information
supporting this view. Moral Panics. The media attracts an audience by providing a sensationalized
coverage. For example: London Riots, Dangerous Dogs, Mods & Rockers. This leads to a picture being
painted that is not valid or accurate. Tabloids often portray suspects in police investigations in a negative
light. This can be based off of what the offender looks and acts like. E.g. Sexually deviant & a creepy loner.
These are often reinforced with old and unflattering photos. E.g. Christopher Jefferies. Racial stereotyping-
Hall et al describe how the media in the 1970s portrayed ‘mugging’ as a black youth problem.

Judgements / Judgements made by courts are not always valid. This can be due to several reasons, such
as unintentional bias and unconscious stereotyping and incorrect rulings by judges and coroners. Unbiased
judgements is essential if defendants are to receive a fair trial, but research shows that unconscious biases
can influence the judgement of jurors. Race- Plant and Peruche found that in a video-game simulation, US
police officers were more likely to shoot unarmed Black suspects than unarmed White ones. Other studies
have shown trial judges and death penalty lawyers have biases against Black people.

Gender- Ellison & Munro found that in simulations of rape trials, jurors used victims lack of signs of
physical injury or emotional response, and their delays in reporting the attack as reasons for bringing a not
guilty verdict. When a sudden death occurs due to the actions of public organisations such as the police,
they receive state-funded legal representation at the inquest.

By contrast the bereaved families have no automatic entitlement- making it hard for them to challenge
the verdict if they feel that they are unfair. E.g. Hillsborough On 15th April 1989, 96 Liverpool fans died
and 766 were injured. The crush occurred after the police march commander, Chief Superintendent David
Duckenfield ordered an exit gate to be opened. This led to a surge of supporters to enter the stadium. In
the weeks that followed- the police fed false stories to the media blaming hooliganism and drunken
football fans.

The family of Mark Duggan sought to overturn the inquest verdict of lawful killing. The police officer
believed that Duggan was armed with a handgun. The coroner misdirected the jury that they should only
return a lawful killing verdict if they thought the officer honestly believed that he was in danger. The
coroner should have also added that the officers belief should have been based on reasonable grounds.

Law Reports / Reports of decisions made by courts. They are published on a regular basis- many of them
weekly. Their purpose is to inform lawyers and judges about important judgements in the courts and to
prevent two courts reaching differing decisions on identical facts.

Principle of precedent- only about 2% of cases are reported in law reports. These are the cases that set a
precedent (law down a new principle of law). This allows more consistency and fairness between similar
cases.

Official law reports can be seen as valid, authoritative sources of information on the law: Accuracy-
accurate accounts of cases, with an exact transcript of the judgement, and with key details of important
cases written up in a standard format. Currency- Up to date as reported on a weekly basis. Bias– objective,
unbiased reports. Opinion- contain the opinions of the court, since this is essential for other courts to
understand the reasons for judgement. They do not contain the opinions of the person who write the
report
AC3.2.
Just Verdicts / A just verdict is one that is deserved, lawful and proper. It is a verdict that does justice to
the facts of the case, finding the guilty, guilty and the innocent not guilty. The jury does not always
produce verdicts that are just. For example, the double jeopardy rule, Stephen Lawrence. Double
Jeopardy. This stopped prosecutors repeatedly prosecuting someone until they were found guilty. Certain
cases, it becomes clear that a not guilty verdict was unjust- this can happen due to the offender admitting
that they had done it, or new evidence coming to light. Examples- Billy Dunlop & Stephen Lawrence. Jury
equity or jury nullification.
Sometimes the law seems unjust- therefore the jury deliberately reject the evidence and decide to acquit
the defendant. Juries sometimes do this when they believe the existing law or the punishment is unfair. If
juries consistently refuse to convict defendants for particular crimes, this sends a signal to the law makers
that the law needs changing. Famous cases of jury equity. Capital punishment- in 19th century England,
the theft of items worth more than 40 shillings carried the death sentence. Juries were often unwilling to
condemn petty thieves to death. They therefore brought about not guilty verdicts. Runaway slaves- 1850s
USA, juries in the Northern states protested the Fugitive Slaves Act by acquitting defendants. Some of
these cases lead to just verdicts, but can also produce the opposite result. For example, in the US there
have been cases of all white juries refusing to convict members of the Ku Klux Klan.

Unsafe Verdicts and Miscarriage of Justice / This is where the innocence of the appellant (the person
making the appeal), is proven. This is usually down to new evidence. If the court of appeal decides that a
conviction is a miscarriage of justice, then there will not normally be a need for a re-trial. Unsafe
Convictions. Miscarriages of justice are one type of unsafe verdict; however, wrongful convictions can also
occur where it is not clear whether the accused was innocent or guilty. In these cases, the conviction is
usually overturned because there was something wrong with the trial process. This led to the accused not
receiving a fair trial and so we cannot be sure beyond reasonable doubt.

Defects in the trial procedure: Judge misdirecting the jury, Judge making mistakes in their legal rulings,
such as wrongly excluding or including evidence, Failure to call relevant witnesses or evidence, Jury
irregularities (tampering, researching the case on the internet). EG Birmingham Six. 21st November 1974-
two pubs were bombed with the loss of 21 loves. 6 men were arrested, deprived of food and sleep,
interrogated for up to 12 hours, threatened and beaten and subjected to a mock execution. 4 of 6 of them
men signed confessions. Charged with murder and found guilty.

Just Sentencing / An important part of a fair justice system is those who are found guilty of a crime
receive an appropriate sentence. When judges and magistrates sentence an offender, they are guided by
two factors: The law- laying down the possible sentences that can be given for a particular offence. The
sentencing guidelines- where within the law the offenders sentence should sit. E.g. was the crime pre-
planned, harm to victim, previous convictions, age or maturity, pleaded guilty or not.